PaySwift Pty Ltd (also referred to in this Privacy policy as “we”, “us” or “our”) recognises the importance of your privacy and understands your concerns about the security of the personal information that you provide to us.

In the course of providing you with the Pay by Account Service (PbA) accessible at https://merchant.pay-by-account.com (“Pay by Account Service”), the collection of personal information is necessary. We are committed to protecting the privacy of all personal information that we collect and ensuring that your personal information is handled correctly.

All personal information collected by us will be treated in accordance with the Australian Privacy Principles ("APPs") as contained in the Privacy Act 1988 (Cth). The APPs detail how personal information may be collected, used, disclosed, stored and destroyed, and how an individual may gain access to or make complaints about the personal information held about them.

This policy details the type of personal information we collect from our customers, how we manage personal information about you, with whom we may share it and the choices available to you regarding our use of the information. We also describe the measures we take to safeguard your personal information and tell you how to contact us regarding our privacy practices. From time to time, we may update this Privacy Policy as published on our website.

What types of personal information do we collect and hold

“Personal information” is information or an opinion about an identified individual, or about an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not. Information where we have removed any reference to a person, so that the person cannot be reasonably identifiable from the information, is not personal information.

The kinds of personal information that we may collect and hold is:

• Contact information, such as a name, postal address, e-mail address, telephone number and/or other contact details;

• Bank account information such as account name, BSB and account number (Payment Information);

• Your Pay by Account Service username, password and transaction history;

• Your IP address, standard web log information, device ID, device kind, geolocation and connection information, page view and traffic statistics;

• Identification information such as passport, drivers licence, birth certificate details

• Any information about you that you supply to us directly or indirectly through your use of our website or online presence, or through other websites or accounts from which you allow us to gather information as part of the Pay by Account Service.

We do not collect sensitive information, which includes information about your ethnic origin, religious or philosophical beliefs, membership of a political or trade association, sexual preferences or health information), and would not do so without your express consent.

Our website

When you browse our website or contact us electronically, we may record statistical data. We may record certain information about your use of our website, which may include your IP address, date and time of your visit, operating system, language preferences, device characteristics, pages visited, information downloaded and type of browser used to access the website.

We use this information to help us manage fraud and to make decisions about maintaining and improving our website and online services.

Links

While our website may contain links to other websites with the exception of our related entities, those websites are not subject to our privacy standards, policies and procedures. We recommend that you make your own enquires as to the privacy policies of these third parties and we are in no way responsible for the privacy practices of these third parties.

How we collect and hold personal information

We may collect personal information directly from you, or from third parties in relation to the use of the Pay by Account Service. For example, we may collect personal information from you or about you when you:

• Register for the Pay By Account Service;

• Provide your Bank account information to us to receive payments;

• Agree to an identity check for fraud prevention purposes;

• Contact us by email, correspondence or by sharing information with us from other social media programmes, services, or websites;

If we receive personal information that we have not requested (unsolicited information) and we determine that we could not have collected that information under the APPs if we had requested it, then we will destroy or de-identify the information if it is lawful and reasonable to do so.

Why we collect, hold, use and disclose personal information

We collect, hold, use and disclose personal information from you or about you for following purposes:

• To process your application for Pay By Account Service and to establish and manage your account, and carry out transactions;

• to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you or related to your use;

• to comply with our legal obligations, and/or to resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

• For training, quality control and verification purposes (including monitoring and recording your communications with us from time to time);

• Respond to and communicate with you about your requests, questions and comments;

• Protect against, identify and other fraud and criminal activity, claims and other liabilities;  

We may also collect, hold, use and disclose your personal information (except to the extent this personal information is Payment Information) for the following purposes:

• to operate, protect, improve and optimise our website, business and your experience, such as to perform analytics, conduct research, product development and provide product information;

• to communicate our marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting (when making the offer we will let you know how you may stop receiving any further marketing offers); and

• to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners.

If you do not consent to our collection, use and disclosure of your personal information, then we may not be able to provide you with the Pay by Account Service.

To whom do we disclose your personal information

We may disclose personal information for the purposes described in this Privacy Policy to:

• our employees and contractors;

• third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing the Pay by Account Service to you) including:

o  Mastercard for payment and fraud prevention services; and

o  Cuscal for payment services;

o  credit reporting bodies

o  other approved third parties to assess the validity of identification information;

• anyone to whom our assets or businesses (or any part of them) are transferred;

• specific third parties, authorised by you to receive information held by us; and/or

• other persons, including government agencies, regulatory bodies and law enforcement agencies,  as required, authorised or permitted by law.

Any party to whom we disclose your personal information is contractually required to handle personal information only to the extent necessary to provide the Pay by Account Services and otherwise in accordance with our instructions and the applicable law. We impose strict requirements of security and confidentiality on all third parties as to how they handle personal information  By using the Pay by Account Service, you will be deemed as having consented to our sharing of your Personal Information as described above in accordance with this Privacy Policy.

As listed above, for the Pay By Account Service, we also share your information with Mastercard, who collect and use it in accordance with their Privacy Policy. For information on this, please refer to Mastercard’s policy found here https://www.mastercard.com.au/en-au/vision/corp-responsibility/commitment-to-privacy/privacy.html .

Does personal information get sent overseas

Your personal information may be disclosed to recipients outside of Australia, including to the Philippines, Singapore, USA and the United Kingdom.

Security

 We have physical, electronic and procedural safeguards in place to ensure the security of your personal information and take reasonable steps to ensure that your personal information is protected from misuse, interference, loss and unauthorised access, modification and disclosure.

Destruction & De-Identification

We will retain your personal information whilst it is required for any of the above listed purposes which you have consented to, or otherwise for any other lawful purpose.

We use secure methods to destroy or to permanently de-identify your personal information when it is no longer needed.

Requests for access and correction

You may access personal information we hold about you by contacting us at the address listed below. When you request personal information, we may need to verify your identity.

Please notify us as soon as reasonably practicable if you believe any personal information we have about you is incorrect, and we will take reasonable steps to remedy this.

In most cases, we expect that we will be able to comply with your request. However, if we do not agree to provide you access or to correct the information as requested, we will give you written reasons which explain our decision.

Contact Us

You can contact us through the following means:

• Emailing us at privacy@payswift.com

• Or by writing to us at 1183 Toorak Road, Camberwell, VIC 3124

You can contact us using the above information if you believe we have breached  the Privacy Act or if you have a complaint about how we have handled your personal information. Include your name, email address, and/or phone number, as well as a detailed description of your issue. We will acknowledge your complaint and respond to you within a reasonable timeframe.

Complaints & Concerns

If your complaint has not been resolved to your satisfaction or you still have a concern, you can contact the Office of the Australian Information Commissioner in any of the following ways:

online: http://www.oaic.gov.au/privacy phone: 1300 363 992

email: enquiries@oaic.gov.au fax: +61 2 9284 9666

mail: GPO Box 5218 Sydney NSW 2001 or GPO Box 2999 Canberra ACT 2601

About this Privacy Policy

We may update this Privacy Policy Statement from time to time. The latest version was published on 5th April 2024.